The Authority oversaw a Police investigation into a complaint that two officers allegedly punched a detainee after arresting him for failing to stop for Police in Northland.
The two officers initially signalled the detainee to stop after he turned his car headlights off when passing them on the state highway. The detainee failed to stop and drove away at speed before turning onto a private rural road, stopping short of a farm gate. The officers, who had been following the detainee, exited their vehicle and arrested him. The detainee argued that he could not be arrested as he was on private property. The officers forced him onto the ground where he was handcuffed.
The two officers say that the detainee was refusing to comply with their instructions and resisted their attempts to take him into custody. The detainee alleged that during the scuffle the officers punched him in the face.
One of the officers then transported the detainee in the detainee’s own vehicle along the private road, followed by the other officer in the patrol vehicle. En route, the handcuffed detainee unbuckled his seat belt and jumped from the moving vehicle before jumping a fence and attempting to flee in a nearby paddock. The officers stopped and followed the detainee who was now accompanied by members of his family.
The detainee was restrained and then placed into the patrol vehicle and transported back to the Police station. The detainee again tried to jump from the moving vehicle but was stopped by the officer sitting beside him. Once at the Police station, the detainee was assessed by ambulance staff and taken to hospital where he was treated and discharged with a fractured cheek bone.
The Police investigation found that there were credibility issues with the detainee’s account of events and that there was insufficient evidence to charge either officer with assault.
The Police investigation also considered the officers’ decision-making in relation to the pursuit and in transporting the detainee in his own car. The officers breached policy by initiating a pursuit in the circumstances. Police disseminated a ‘lessons learnt’ advisory to wider staff stating that the transportation of detainees in their own vehicles is not recommended.
A Police-issued magazine of ammunition was found at the scene of the incident and returned to the Police station. The investigation concluded that the magazine of ammunition was most likely lost by one of the officers when arresting the detainee. Police are responsible for securing their own equipment.
The Authority is satisfied with how Police conducted the investigation and agrees with them on the outcomes reached.
IPCA: 24-25398